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September 7, 2007

Sixth Circuit reverses below-guideline sentence as unreasonable

The Sixth Circuit reverses a below-guideline sentence in a child porn case today in US v. Fink, No. 06-3436 (6th Cir. Sept. 7, 2007) (available here). Here is the panel's conclusion: "the sentence given involves an extraordinary variance — a sentence roughly one-third the length of the lower end of the Guidelines range. The absence of factors justifying such a radical variance, as well as the presence of factors which the district court did not address, lead us to conclude that the sentence imposed is unreasonable."